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Abdul Haleem   24 October 2021

Need road to the land

my had 10 acres in which 5 acres were road-side(1st bit) which he sold to two different people and other 5 acres is second bit from road side which is still owns by grandfather. Now the road-side owners planning to built the farmhouse which will block the way to our grandfather's land. Now atleast we need a walking lane or road. We asked them personal but they are objecting to give the space. is there anyway we can go legally?

thanks for your help in Advance


 5 Replies

Anusha Singh   24 October 2021

As per your query it is understood that you need information regarding the path way which is going to be blocked by your neighbors.

A right of way is a right to pass over the soil of another person uninterruptedly. Rights of way do not fall under the denomination of natural rights. They are discontinuous easement, and may be acquired in the same way as the other easements are acquired.

The person entitled to a right of way may sue for an injunction to restrain obstruction of the way or for damages. If he in fact suffers no damage by the obstruction, nominal damages will be awarded only, and an injunction will be refused.

A person who in purported exercise of a right of way makes an excessive user of the servient tenement commits a trespass and may be restrained from doing at the instance of the servient owner. What amount to excessive user depends on the scope of the right according to the true construction of an express grant or

according to the user established by the prescripttion as the case maybe? A trespass committed in the manner described, however, gives no cause of action to persons who are not entitled to use the way and are not interested in the servients tenement, nor can the dominant owner claim for the physical damage to the way unless this substantially interferes with his right to use it.

A person interested only in reversion or remainder in the dominant tenement cannot sue for the protection of the right of way unless the obstruction is of such a nature that it either permanently injures the estate or operates as a denial of right.

A person interested in reversion or remainder in the servient tenement cannot sue for trespass done under an alleged right of way, because acts of this nature cannot operate as evidence of right against a person who has no present remedy by which he can obtain redress.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Dr J C Vashista (Lawyer)     24 October 2021

Settle the problem amicably since it is personal decision of the owner of the land on the road-side but can not be claimed as a matter of right.

1 Like

P. Venu (Advocate)     24 October 2021

Presently, after the sale of the bit abutting road, how were you having acces to remaining bit? Have the recitations in the sale deed proved for acess, if any to the remaining bit?

1 Like

Abdul Haleem   25 October 2021

We are accessing the remaining bit through the first bit which is sold. once they construct the farm house it will be difficult to access or travel through the land because the other side of the land have river and currently only way is from bit.
In the sale deed it is not mentioned for the access.

P. Venu (Advocate)     27 October 2021

Please ascretain whether the continued usage of the access amounts to an easement which could be enforced, if the situation so warrants.


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